Supreme Court addresses protective orders

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The Indiana Supreme Court released two opinions today regarding the service of protective orders to respondents.

In Richard Joslyn v State of Indiana, No. 49S04-1102-CR-85, the Supreme Court held that a “minor defect in the service of a protective order was cured by (Richard) Joslyn’s statements to police and his testimony at trial.” Because of this, the court affirmed Joslyn’s convictions of Class C felony stalking and four counts of Class A misdemeanor invasion of privacy, which were all based on violations of the protective order.

In Jeffrey Tharp v. State of Indiana, No. 49S02-1005-CR-256, the court reversed Jeffrey Tharp’s conviction of invasion of privacy. In that case, the court wrote that “proof of knowledge must be beyond a reasonable doubt. The evidence of oral notice in this case, however, is insufficient to sustain Tharp’s conviction.”

Joslyn claimed he was not properly served with his protective order that had been filed by Stephanie Livingston. A deputy with the Marion County Sheriff’s Department served Joslyn with a copy of the protective order by attaching it to a door at his home. However, under Indiana Trial Rule 4.1 (B), a copy of the order was also to be sent via first class mail. There was no indication this took place.

But at trial, the court admitted a recording and transcript of Joslyn's statement to police where he stated he knew there was a restraining order and that he found it at his residence, even if he was somewhat unclear regarding the date the order was received. The incidents in question, including a note left on the front porch of the home where Livingston was staying, four broken windows to Livingston’s friend’s vehicle, and Joslyn hiding in the crawl space where Livingston lived, took place after the protective order was served.

“We agree with the Court of Appeals that Joslyn’s admission of receipt is sufficient to sustain his convictions,” wrote Chief Justice Randall T. Shepard. “As the court noted, the purpose of the Indiana Civil Protection Order Act is to promote the protection and safety of all victims of domestic violence and prevent future incidents. It would run contrary to this purpose if we were to embrace Joslyn’s contention that a defendant does not violate the criminal code because of some defect in civil process even where the court had in fact issued a protective order and the defendant in fact knew it had done so.”

Chief Justice Shepard also addressed the importance of protective orders to prevent domestic violence in the Joslyn opinion.

“The declared legislative intent that these provisions in the Code be interpreted in a way that will ‘promote the: protection and safety of all victims of domestic or family violence in a fair, prompt, and effective manner; and [the] prevention of future domestic and family violence,’” he wrote. “Joslyn’s proposed rule that one who acknowledges actual receipt at his home but not an additional copy by mail commits no violation would have real world implications placing far too many Hoosiers at risk of becoming a domestic violence statistic.”

In Tharp, however, it was not as clear as to whether the respondent was aware of the protective order against him.

When officers pulled Tharp’s car over during a traffic stop Feb. 16, 2009, they found the woman who filed a protection order against him on Oct. 1, 2008, Lisa Pitzer, and her daughter, among the passengers in the vehicle.

When officers ran Tharp’s information through a computer records check, they learned about the protective order, as well as the existence of an active warrant for Tharp for operating a vehicle while intoxicated, and that his license was suspended.

On Feb. 18, 2009, Pitzer filed a request for dismissal of the protective order and the court granted her request the same day.

At trial, Tharp denied he was ever served with the order or that Pitzer ever told him about it, and he denied that he told the officers that he was aware of the order. A return of service for the order indicated the service attempt had failed because he had moved.

In her testimony, Pitzer said she had told Tharp about the order when they got back together, a few months after she filed the order in October 2008. She also testified that she told him prior to the February 2009 traffic stop, but that she also thought she had the order dismissed prior to that time.

“…was there substantial evidence of probative value from which a finder of fact could find beyond a reasonable doubt that Tharp knowingly violated a protective order? We conclude that the mixed messages from Pitzer are oral notice of the type that is insufficient for a conviction. Put another way, the evidence is insufficient that Tharp received adequate notice of the protective order,” Chief Justice Shepard wrote.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.